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HomeMy WebLinkAboutNULL (72) Y `rk.a✓Ct x { � 1: r. r1_! r • r 0000 GYM''x j . . I'LL o _ T�. Y 1 1J} 1 r s r EI ]] } 4 r ) Y ' � C r, I irk y s. 'e l MY 46« f yf �•�. f � � X V. ft t' sT i .................... e 1N 2 b�'t a d MINUTES DANIA CITY COMMISSION ` REGULAR MEETING + APRIL 23, 1996 7:30 P.M. INVOCATION *Reverend Bob Sands, Griffin Road Baptist Church ? PLEDGE OF ALLEGIANCE ROLL CALL LLLA.e Mayor: John Bertino Vice Mayor: Bobbie Grace Commissioners: Bill Hyde Albert Jones Bob Mikes , City Attorney: Frank Adler City Manager. Mike Smith I ,' City Clerk: Marie Jabalee ty PRESENTATIONS L r { r y 1 Agenda Items 1.4, 1.5 and 1.6 were pulled from the Consent Agenda. 1. CONSENTAGENDA Bills: 1. 1.1 Approval of Bills for the month of February, 1996. Minutes: 1.2 Regular Meeting of March 12, 1996. , I Resolutions Y 1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING 4 s ; THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SECOND ADDENDUM TO WATER AND SEWER AGREEMENT BETWEEN THE } + CITY OF DANIA AND DESIGN CENTER OF THE AMERICAS LIMITED PARTNERSHIP; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF ' ? RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE s DATE". J " REGULAR MEETING 1 APRIL 23, 1996 i F Trk,L rT T'Jty(�'ia t'v!"y"ti 1 , ' 1 �;`y,5 1? tit e4iy Yr I T` 1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING for THE CITY MANAGER TO PURCHASE A DEFIBRILLATOR IN THE AMOUNT OF $13,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISING FOR BIDS, FOR USE BY THE FIRE/RESCUE DEPARTMENT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE" Ordinance 1.8"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING F SECTION 4 (J), ARTICLE 3, PART III OF THE CITY CHARTER » - REGARDING CONTRACTS FOR CONSTRUCTION, EXTENSION AND/OR IMPROVEMENT OF PUBLIC WORKS UTILITIES; AMENDING THE a . REQUIREMENT FOR ADVERTISING FOR BIDS FOR CONTRACTS FOR CONSTRUCTION, EXTENSION AND/OR IMPROVEMENT OF PUBLIC G WORKS UTILITIES FROM $2,000.00 TO $15,000.00; PROVIDING THAT f ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL { RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH 4 BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE". (First reading of Ordinance) 6 A motion was made by Vice Mayor Grace, seconded by Commissioner Hyde to approve the Consent Agenda with the exception of items 1.4, 1.5 ` and 1.6. _ The motion passed on the following roll call vote: t `�t Commissioner Hyde - yes Commissioner Jones -yes `R Commissioner Mikes - yes Vice Mayor Grace - yes e H Mayor Bertino - yes s PULLED FROM THE CONSENT AGENDA �v 1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE i FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT + PROGRAM FOR NORTHWEST 1ST STREET/C-10 CANAL BRIDGE; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN "G CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE". City Manager Smith explained that the NW 1 Street Bridge Project was 14'i A not approved by the Community Development Committee in 1995 but was placed on a contingency list for funding., The CDC has now approved . REGULAR MEETING 2 APRIL 23, 1996 @� Y s k1syy�i Y" 5 OW r a u'.yq 9 Y ' .Aw'µ}h3:L'Y•u.��-vJ tom... i ;:i ' ' Y 4 f l $150,000 in funding for repair of the bridge and that the project is going to the Broward County Commission for approval. City Manger Smith advised that a 3 ton weight restriction has been placed on the bridge and that the project should take around a year to complete. A motion was made by Commissioner Jones, seconded by Commissioner Hyde to adopt the resolution. The motion passed on the following roll call vote: R Commissioner Hyde - yes Commissioner Jones -yes f v Commissioner Mikes - yes Vice Mayor Grace - yes ' ,K1 Mayor Bertino - yes ,i l 1.5"A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE GRANTING OF UTILITY EASEMENTS TO THE CITY OF HOLLYWOOD FLORIDA, FOR THE INSTALLATION OF WATER AND SEWER LINES ON r, DANIA BEACH; AND PROVIDING FOR AN EFFECTIVE DATE". i'.hJ�51'461 Bud Palm, Utilities Director, advised that Hollywood is requesting an easement for water and sewer line installation at the beach which ties into their lines The City is not giving away anything since this is a public right- of-way and Hollywood will be responsible for maintenance. Commissioner Mikes mentioned that Hollywood is approving a new 4 master plan for their beach and that the City may want to continue the t approval on the easements until the language has been reviewed to rr, ensure that the City's options at the beach are not limited. A motion was made by Commissioner Mikes, seconded by Commissioner Grace to table the Resolution to the next meeting. �ra t- A The motion to table failed on the following roll call vote: t. Commissioner Hyde - no Commissioner Jones -no Commissioner Mikes - yes Vice Mayor Grace - yes Mayor Bertino - no A motion was made by Commissioner Hyde, seconded by Commissioner Jones to adopt the Resolution. Commissioner Hyde agreed to amend the motion, seconded by �' Commissioner Jones to strike out the words in the first paragraph of the easement "but not limited to" and adopt the amended Resolution. . t REGULAR MEETING 3 " APRIL 23, 1896 f+jn F � i 4 r� J,i'. ..I pv✓'p 1y�t�v 1d 1'��i dfw1. v..Lh, a� h 4rt 4Fr14w' i3 ykEnl� tyjy�r.'�:'` r 1 Y { The motion passed on the following roll call vote: Commissioner Hyde - yes Commissioner Jones -yes Commissioner Mikes - yes Vice Mayor Grace - yes Mayor Bertino - yes z 1.6"A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING Xrr, PROPOSAL OF MADSEN/BARR-ALLWASTE, INC. TO SUPPLY LABOR, k` EQUIPMENT AND MATERIALS TO INSTALL 8-INCH, 10-INCH AND 12- 4 INCH U-LINERS IN MANHOLE SECTIONS OF THE CITY'S SANITARY SEWER SYSTEM; AND APPROVING AN ADDITIONAL EXPENDITURE OF .: AN AMOUNT NOT TO EXCEED TEN THOU Zr SAND DOLLARS AND NO/100 ($10,000.00); AND PROVIDING FOR AN EFFECTIVE DATE". 3 ; A motion was made by Commissioner Mikes, seconded by Commissioner Hyde to adopt the resolution. The motion passed on the following roll call vote:i ffl ` Commissioner Hyde - yes Commissioner Jones -yes �r , Commissioner Mikes - yes Vice Mayor Grace - yes a <, °k Mayor Bertino - yes � r , 2. PROCLAMATIONS - • - sr Addendum 2.1 "Arbor Day"April 26, 1996. Mayor Bertino proclaimed April 26, 1996, as "Arbor Day" in the City of Dania and mentioned that Dania has been designated as a tree City USA F r ' Y for some ears now. { , j r j 3. BIDS- NONE `i r F 4. PUBLIC HEARINGS Ordinance 4.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE ' DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY CITY OF DANIA ORDINANCE NO. 04-84, CITY OF DANIA ORDINANCE NO. 22-84, CITY OF DANIA ti •{ `tx t ... REGULAR MEETING 4 APRIL 23, 1996 a .r� � y4vey)pt. F;�r IEFa�h1Frxt yp r 41 jT Y _........---- 1 A J '1 8. DISCUSSION AND POSSIBLE ACTION 8.1 Discussion of Environmental Impact Statement process relating to the expansion of the Fort Lauderdale-Hollywood International Airport. (Presentation by HNTB Planners & Engineers) Bill Keith, Keith & Schnars, explained that the DRI (Development of Regional Impact) study started about five months before the EIS (Environmental Impact Statement). The two separate studies are running concurrently. Keith & Schnars is the prime consultant firm to handle the DRI and HNTB is the prime consultant on the EIS. Keith & Schnars was able to obtain a 380 Agreement from the Florida �`<4 Department of Community Affairs in order to address the initial capacity �. improvements needed on the parking, terminals and ramps at the airport. The initial improvements have nothing to do with the expansion of the P '' ` north or south runway. The Department of Community Affairs required his # firm to submit the ADA within 180 days and his firm is currently in the SIN (Statement of Information Needed) process. Once they have attained sufficiency from the local governments (Dania, Hollywood and Ft. Lauderdale) and the South Florida Regional Planning Council, the '.. Negotiations and Conditions Meetings will begin which will set forth all of " v the conditions that must be mitigated to approve the DRI. The DRI must be approved before construction can begin on the runway and construction is anticipated to start around 2000 with completion by 2005. Commissioner Mikes clarified that the City gave up their right to sign off f on the DRI order when they signed the Interlocal Agreement on the airport s` s expansion. The City can only comment on the process and litigationz4l cannot be pursued against the expansion. Bill Keith assured the public> }ri that the South Florida Planning Council will not issue the Condition of Sufficiency needed for the DRI process until they are satisfied that all of 17 the local government concerns have been met. Mike Sherman, HNTB, advised that the DRI is a state document which involves a state process to approve projects that possibly have regional impact. The EIS is a federal document requiring a federally mandated t process. Broward County is the client on the DRI and the Federal Aviation Administration is the client on the EIS. The EIS process is not a negotiated process like the DRI and it ends with a Record of Decision which is issued by the FAA (Federal Aviation Administration) and will r ' contain stipulated mitigation just like the DRI. r Mr. Sherman advised that the public can attend the Public Scoping ` Meeting scheduled May 1, (6:00 p.m.- 8:00 p.m.) at St. Jerome Church , {. REGULAR MEETING 6 APRIL 23, 1996 ' ' Sj�GCr�tS t;j y Y Y C k y 1 s .zr..". I I. i I r I C / Activity Center in Ft. Lauderdale. The morning of May 1 will involve a meetings with all of the agencies. The second opportunity for the public to attend is around the end of August 1996 when the alternatives have been + analyzed and assessed. The third opportunity will be approximately April 1997 when a formal public hearing will be scheduled to address the draft EIS. All public comments and issues must be addressed in the EIS for eventual submission to the FAA. If all goes well by September 1997, a Record of Decision would be rendered which will contain mitigating requirements. K `-y Commissioner Mikes suggested to post the schedule of meetings at City ,r, Hall so that the public can be aware that they have the right to comment at these meetings. t ( Mr. Keith urged cooperation between the agencies and thanked the a Commission for the opportunity to provide the update. Nv ` r r ' 8.2 Selection of Personnel Director. R ` Y( City Manger Smith reported that David Swant declined to accept the Personnel Director position for less than $60,000 because of financial t i r.+ commitments. Geoffrey Riches' salary range is $40,000 to $45,000 and F Monica Griffith is requesting $50,000 a year. kVice Mayor Grace asked whether the City Manager could select another three candidates from the applications that have been received instead of readvertising for the position. City Manager Smith advised that he did not r , have any recommendations outside of the three candidates submitted. awr A motion was made by Commissioner Hyde, seconded by Commissioned _ Mikes to withdraw the original offer to David Swant and direct the City � 1 s Manager to extend the offer to Monica Griffith for $40,000 a year. ; il } r Yro Vice Mayor Grace mentioned the need for City Manager Smith to be r relieved of personnel matters so that his attention can be in the City ' r E Manager Department. She stressed the need to be consistent with starting new people at an entry level salary to be fair to the employees who have worked their way up to a department head level. City Manager Smith mentioned that his intention is not to interfere with the new person's I job and to welcome new ideas in the Personnel Department. I 4 J ; t 4 rf Y / hY REGULAR MEETING 7 APRIL 23, 1996 �`� r' f I N d n x s I f } C I .� S{'�✓r. t �Y d � ry �y✓ggA° r / � I 't it e r lC `��� Y 114 �fl/ j•. - V r :i i sa. City Attorney Adler prepare a draft ordinance based on NIMLO requirements to be brought back for action. } 9. APPOINTMENTS 9.1 Appointment of two members to the Airport Advisory Board. Vice Mayor Grace removed Tony Stevens from the Airport Advisory 44 Board. Wt�a A motion was made by Vice Mayor Grace, seconded by Commissioner r Hyde to remove Tony Stevens from the Airport Board. The motion passed unanimously. t; k Item 9.10 was heard at this time. U 9.2 One citizen appointment by City Commission and three citizen nominations from City Commission for employees to vote for one member j to the Civil Service Board. (continued) * �rYtV'r�df 1 x } ffk �yd}d .. 9.3 Appointment of two members and two alternates to the Code Enforcement 7 Board. t Commissioner Mikes recommended to reappoint Richard Bettor and Beulah Lair to the Code Enforcement Board. a V Item 9.9 was heard at this time. '1 JM 1 k (3?J YF 1 {17 9.4 Appointment of three members to the Community Affairs Advisoryi Board.(continued) Vr,�NN�ssy 9.5 Appointment of one member to the Dania Economic Development and Downtown Redevelopment Board. (continued) 9.6 Appointment of five members to the Human Relations Board. + " Commissioner Hyde appointed Debbie Helmlinger to the Human Relations s Board. Commissioner Jones reconfirmed his appointments, Boisy Waiters and Janice Peterman, on the Charter Review Board. 1Ft ( r 13 d1' }Item 9.3 was heard at this time. s.h A REGULAR MEETING 9 APRIL 23, 1996 ,WIN �j MibH�k,•' 'lt}f �jJ'3`F.4.R,} 'v'k . � Jot YJ C �' a } i , { 1 After item 9.7, Mayor Bertino reappointed Helen Udell and Alex ,x Buchsbaum to the Human Relations Board. ' 9.7 Appointment of five members to the Marine Advisory Board. Commissioner Jones reappointed Herbert Penn, Jr. and Raymond Lair for one year to the Marine Advisory Board. Item 9.6 was revisited by Mayor Bertino. 9.8 Appointment of one member to the Occupational License Review Committee. (continued) .`F . . 9.9 Appointment of four members to the Parks & Recreation Advisory Board. °.° Vice Mayor Grace reappointed Diane Curry and Lorraine Gaskin. , t - Item 9.7 was heard at this time. 9.10 Appointment of one member to the Planning & Zoning Board. Vice Mayor Grace appointed Tony Stevens to the Planning & Zoning �1 Board to replace John Chamberlain. Item 9.6 was heard at this time. T a � N 9.11 Appointment of one member to the Unsafe Structures Board. A motion was made by Vice Mayor Grace, seconded by Commissioner s Jones to accept the appointments as submitted by the Commission. d 4 �� r t• � h ! rx�thi v y The motion passed on the following roll call vote: x e f ii `r, y Commissioner Hyde - yes Commissioner Jones -yes �L $ Commissioner Mikes - yes Vice Mayor Grace - yes Mayor Bertino - yes 10. ADMINISTRATIVE REPORTS r 10.1 City Manager City Manager Smith advised that the Dania Marine Flea Market will be held at the Dania Jai Alai this next weekend and that the City of Dania has a booth this year. In conjunction with the Flea Market a recreational ! C � ' 'F'41s w.�t lXr,l M 1 4 5r�=° ) d 4llll REGULAR MEETING 10 � APR/L 23 1996 2e oy� yr rr ; � tp %�xY se � .x ,, ,. � `• •T '� . � kp 1411A � rfi +�?�`�/1�(yatpe5rvvv'l 1 t F -n--.._. _ _-�...._ _ _ •rY ;. °�aNvr`� nyyx i�� ,� t�9M1'"vyT.�t, rl✓f .i .-,�.,e v v s � t rl � � �i. .rk '1 't l J ..f Y'. program called the Dania Nautical Mile Run/Walk will start at Frost Park and end up at the Beach. 10.2 City Attorney- no comments 11. COMMISSION COMMENTS 11.1 Commissioner Hyde Commissioner Hyde cautioned citizens to be aware of the extra traffic from the Flea � Market and advised that he would not be a` t ttending because of his participation in the Fort Lauderdale Semi-Annual Billfish Tournament. � r 11.2 Commissioner Jones j Commissioner Jones encouraged participation in the run/walk event and thanked those G ' , who supported the St. Ruth's Missionary Baptist Church Pre Men's Day and 46th Annual Men's Day events. Further comments related to his attendance at the opening of the Grand Prix Toddler Play Area and Dania Nursing Home Reception for "Volunteer Day". h r y y Commissioner Jones mentioned that the Byrd Pointe Homeowners Association is yy d making a commitment to get involved with crime prevention and requested BSO to make the Mobile Unit more visible in the community. � h I Commissioner Jones mentioned an incident at the park recently where baseball y`.. equipment was not made available to children to use. He mentioned the positive things that are going to be coming to the northwest area and Modello Park community with the u ty services being provided from the Friends of Children Youth & Families. 11.3 Commissioner Mikes i� e e rr r Commissioner Mikes commended the volunteers who were honored at the "Volunteers t, Appreciation Day" at the Dania Nursing Home. Commissioner Mikes mentioned the need for the City Commission to be provided a " functional office at City Hall. City Manager Smith advised that their office will be ' completed once the new conference room is completed. The Commission will have access to a computer, cabinets for storage, reports and a front conference room. Completion of the conference room is anticipated in two weeks. City Manager Smith assured Commissioner Mikes that a copy of the Hollywood Beach Master Plan has been requested. Further comments related to the fire at Port Laudania > 7 ;; that past week that damaged two vessels. Commissioner Mikes requested to discuss V REGULAR MEETING 19 : APRIL 23, 1996 N tr F 5 c 1 ,eM t s+ "AlY, 'uN 1' I�t ,u y! '^•d7 $Y ; s.. , l , ij ` f 1 emergency situations at marinas and landscaping improvements to the downtown and major thoroughfares. 11.4 Vice Mayor Grace Vice Mayor Grace mentioned the positive impact that the partnership with Graves Museum and FAU will have on the community and the need to support the library that is also located at the Graves Museum. She commended Grand Prix for providing a Positive atmosphere for young children. 1 , Vice Mayor Grace commended City Manager Smith and Chief Frey for supporting the Northwest Byrd Pointe Homeowners Association. She mentioned the positive responses from citizens, MUPA and Friends of Children and Youth Families from the j meeting. Further comments related to recent events involving the Marlins Baseball Team teaching baseball at Modello Park and the Bahamas Baseball Association k rJ t farewell dinner at Tug Boat Annies. r' Vice Mayor Grace recommended to hold a Job Fair with Dania businesses in an effort t; to help students get summer jobs since funding for Summer Programs are City Managerbe'Smith advised that two part-time lifeguards are going to be provided at I' the Modello Park Pool. Open swimming will not be allowed until after Memorial Day i 1 due to recreational events that are scheduled. �� WA 55jj�"•Mt li V �li Vice Mayor Grace mentioned the good things that are accomplished with the help of ' 1 volunteers in the community and the need to discuss recreational programs being r introduced by Deputy Pato at the next workshop meeting. ' } Vice Ma r' yor Grace commended Reverend Sands, Griffin Baptist Church, for the "Children's Day" event that she attended and expressed her appreciation for his efforts it{^ on behalf of the community. t 1 Y 11.5 Mayor Bertino t Mayor Bertino clarified that the Dania Housing Authority had nothing to do with the recent incident where $30,000 in checks were cashed in error by Barnett Bank. } t t t . Mayor Bertino commended the Broward County School Board for recognizing child s abuse this week. Child Abuse is a tremendous problem throughout the nation and people need to be cognizant of the problem so that they can help children. , ' 15 Mayor Bertino was pleased to be working with John Etling and Fred Melanese on a Dania Area Golf Program for disadvantaged youth. V REGULAR MEETING ; NOV.,k�'t1 <<�'z 12 APRIL 23, 1996 � r a 'IdZ 4 1 q as Y The meeting was adjourned 9:25 p.m. OR-COMMISSIONER CITY CLERK-AUDITOR �U un ql a v � Y t�}Juf r r �' tA�1±AVyr h�J t. f t� tt r ? t t y't K xraS Ypt u N ` R �R( it REGULAR MEETING 13 APRIL 23, 1996 k rL4n/�r2�£�4"ti� RVA 'w4 �7a,;Y,i ,MI. �/lt5 e'j�Attl $T� �}5yp�uA'� Q.F 4j t.Cy Ai�r^hY'Yk{:1 3�� y� '1.'_._ �`�. � Al b .. .r P j ' 1 � o AGENDA DANIA CITY COMMISSION REGULAR MEETING APRIL 23, 1996 7:30 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TEST/MONYAND EVIDENCE UPON WHICH THE APPEAL/S TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST/N THE C/TY OF DAN/A/S REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO.01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASS/STANCE TO e PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT MARE JABALEE, CITY CLERK, 100 W. ' DANIA BEACH BLVD.,DANIA,FL,33004,921-8700 EXT.202 AT LEAST 48 HOURS PRIOR TO THE MEETING. INVOCATION "Reverend Bob Sands, Griffin Road Baptist Church i PLEDGE OF ALLEGIANCE C ROLL CALL r: PRESENTATIONS I r t ` 1- CONSENT AGENDA r. Bills: Approval of Bills for the month of February, 1996. {` 1 4 Minutes: r' 1.2 Regular Meeting of March 12, 1996. Resolutions R9 1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SECOND , ADDENDUM TO WATER AND SEWER AGREEMENT BETWEEN THE i CITY OF DANIA AND DESIGN CENTER OF THE AMERICAS LIMITEDbil PARTNERSHIP; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE". 1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND ' THE CITY OF DANIA THROUGH THE COMMUNITY DEVELOPMENT tL s BLOCK GRANT PROGRAM FOR NORTHWEST 1ST STREET/C-10 CANAL BRIDGE; AND PROVIDING THAT ALL RESOLUTIONS OR 4 � - Ri u '." 7" l 1 , a _ I PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE". (Staff) 1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE GRANTING OF UTILITY EASEMENTS TO THE CITY OF HOLLYWOOD, FLORIDA, FOR THE INSTALLATION OF WATER AND SEWER LINES ON DANIA BEACH; AND PROVIDING FOR AN EFFECTIVE DATE". (Staff) 1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A PROPOSAL OF MADSEN/BARR-ALLWASTE, INC. TO SUPPLY LABOR, EQUIPMENT AND MATERIALS TO INSTALL 8-INCH, 10-INCH AND 12- INCH U-LINERS IN MANHOLE SECTIONS OF THE CITY'S SANITARY SEWER SYSTEM; AND APPROVING AN ADDITIONAL EXPENDITURE OF AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS AND i NO/100 ($10,000.00); AND PROVIDING FOR AN EFFECTIVE DATE". (Staff) 1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING f THE CITY MANAGER TO PURCHASE A DEFIBRILLATOR IN THE AMOUNT OF $13,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISING FOR BIDS, FOR USE BY THE FIRE/RESCUE ' DEPARTMENT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF a RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE t EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE ti #` DATE" (Staff) Ordinance 1.8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4 (J), ARTICLE 3, PART III OF THE CITY CHARTER REGARDING CONTRACTS FOR CONSTRUCTION, EXTENSION AND/OR IMPROVEMENT OF PUBLIC WORKS UTILITIES; AMENDING t ; = THE REQUIREMENT FOR ADVERTISING FOR BIDS FOR CONTRACTS FOR CONSTRUCTION, EXTENSION AND/OR } �• ., IMPROVEMENT OF PUBLIC WORKS UTILITIES FROM $2,000.00 TO $15,000.00; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE ' EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE". (First reading of Ordinance) (Staff) ( 2. PROCLAMATIONS - NONE 3. BIDS - NONE w r K M1 Jr 2 r �r��'2i s ,ca '•r i T a . r tl '•"''{JJt�y!'����GG �J`'1 •. ( C .'p'Z.Tis._ p-L_.__ � Y alW 41.. � ( V v ; 4. PUBLIC HEARINGS Ordinance 4.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY CITY OF DANIA ORDINANCE NO. 04-84, CITY OF DANIA ORDINANCE NO. 22- 84, CITY OF DANIA ORDINANCE NO. 05-87, CITY OF DANIA ORDINANCE NO. 02-88, CITY OF DANIA ORDINANCE NO. 23-90 TO MODIFY CERTAIN CONDITIONS RELATING TO THE DEVELOPMENT OF THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT AND TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS 4 ?i s APPLICATION FOR DEVELOPMENT APPROVAL; PROVIDING THAT l ALL TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS gY AMENDED BY THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES i AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TOT HE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) (Second reading 44 'n of Ordinance) f , r ( 5. SITE PLANS 6. CITIZENS, COMMENTS- COMMENTS BY DANIA CITIZENS OR INTERESTED PARTIES THAT 1 ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED s VERBALLY PRIOR TO 4:00 P.M. THE SECOND(2ND)AND FOURTH(4TH)MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE WILL BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED,THE CITIZEN(S)OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING. f ,f 7- EXPENDITURE REQUESTS-NONE DISCUSSION AND POSSIBLE ACTION I �A 8.1 Discussion of Environmental Impact Statement process relating to the expansion of the Fort Lauderdale-Hollywood International ( Airport. (Presentation by HNTB Planners & Engineers) r � 8.2 Selection of Personnel Director. (City Manager Smith) 8.3 Report from Marine Advisory Board. (Craig McAdams) J 8.4 Discussion regarding Newsrack Ordinance. (Comm. Jones) 1' 11 Y n � it 5x x 1 'a is y: �10 it tyt�•,ia"pn7i, , e , i, r ', �)V i�1 .,,5,`� . y li f r , t � f I. r 'r 9. APPOINTMENTS {{. 9.1 Appointment of two members to the Airport Advisory Board. 9.2 One citizen appointment by City Commission and three citizen >; nominations from City Commission for employees to vote for one member + to the Civil Service Board. 9.3 Appointment of two members and two alternates to the Code Enforcement Board. 9.4 Appointment of three members to the Community Affairs Advisory Board 9.5 Appointment of one member to the Dania Economic Development and Downtown Redevelopment Board. 9.6 Appointment of five members to the Human Relations Board. t 9.7 Appointment of five members to t he Marine Advisory Board. 9.8 Appointment of one member to the Occupational License Review . e Committee. 9.9 Appointment of four members to the Parks & Recreation Advisory Board. ` ` 9.10 Appointment of one member to the Planning & Zoning Board. 9.11 Appointment of one member to the Unsafe Structures Board. ' = 10. ADMINISTRATIVE REPORTS s,! 10.1 City Manager �{ ¢ _ 10.2 City Attorney 11. COMMISSION COMMENTS 11.1 Commissioner Hydel a ' 11.2 Commissioner Jonesy 1�tt 11.3 Commissioner Mikes n 11.4 Vice-Mayor Grace e 11.5 Mayor Bertino e ' 5 � a Ity � _ r r � i' �Yo�� •fit 9rw>=/ t v. "i-'.'6' Al rFr. ` T,�y4l�f`j ;hr.'t' �?��,F y ;ll lZ ak.�• R ¢ k w`♦v 4 s e' k I v� �'}�Rwkl�rrx e 'G. C'• •� .. .. I r G k`, V t 1 Y !"1 F, 1 ` r , 1 ADDENDUM DANIA CITY COMMISSION REGULAR MEETING APRIL 23, 1996 2. PROCLAMATIONS 2.1 'ARBOR DAY" April 26, 1996. g Y , r • �p��'�S Y I;l; E"{y Vi�Sy Iw, p� 9� tea,� ✓ ,a � ('1 f qj.•i R A• G �t f'•9� 1 ���' t a TF kk � '9 4 did J <Z Ir rd��'i 11y¢. �va•4 rr,_: .� v� ,u Tni]vg.. 4N,, t1. UA p;,�Y ���,7}Y�,�bCYIyP s". ��Y(Y(w.tt� �y�•n r 'JY'f-��.ki� •��ti�'�3�va�Ttl'�Y'+C4 t' r as �V h_ • Y<'V A. a.•.-.... h r hrJu} " k� t' PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of ; Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and `r cV WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and r, WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel �wi ty for our fires and countless other wood products; and .r Yz�}{ WHEREAS, trees in our city increase property values, enhance the economic x` ' vitality of business areas and beautify our community; and °r k WHEREAS, th City of Dania has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree-planting ways. " NOW, THEREFORE, I, John M. Bertino, Mayor of the City of Dania, Florida, do , Al hereby; hereby proclaim April 26, 1996, K y } 9p v� 1: y 1�::• "ARBOR DAY" x r�, ATTEST: IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be of 'xed y` s 3 ay of 6e 996 � r 4MaeJabalee 1M.r City Clerk - Auditor # n M. Bertino �r t Mayor - Commissioner V, •�a s j`��?'_ j 1 ej �jly F is birT ,...,i... : ... .� ... E���'��4'�'•� [F���: `N I - y CITY OF DANIA FIRE DEPARTMENT INTER-OFFICE MEMORANDUM Number 46-96 General Order No. TO: Michael W. Smith, City Manager FROM: James Mulford, Rescue Division Chief ¢ t RE: Purchase of Defibrillator DATE: April 17, 1996 m' t L Y x Attached is form of resolution authorizing purchase of a defibrillator using funds ; collected from Air Dania Motocross Joint Venture. If same meets with the approval of ` the city attorney, I hereby request that this item be placed on the agenda for the regular city commission meeting to be held on April 23rd. realize it was our original intention to lease this equipment on a yearly basis, however, s r` at the price quoted by Physiocontrol, it will be more cost effective for the city to make ` r an outright purchase. r Thank you. r r s JM:clb '; t F J r tl i -r f !.{ �r f n � Alx r i i x �r , 4 ) r �✓rK tr'a •f`•. j ` ;4;Y.n _ I tL+a�Yyr�a�,�rr - ,.kJ� f. ;7 A-18-1996 10:37AM FROM DEBBI ONEILL PHYSIO 305 680 3363 P. 2 � Pny>io-Ccntml Corpnrrlmn '. Customar Svppon Center 11811 Wmuwa Roza r:unhcwt Post O.nc,e E0.970r, RemnonU,WA 98073 9723 USA Telephone:900 442.1142 r ax:205 861 414G LIFESAVING TOOLS FOR LIFESAVING TEAMS Division Chief Jim Mulford City of Dania Fire Rescue 100 W. Dania Beach Blvd Dania, FL 33004 April 17, 1996 �{. lf Dear Chief Mulford, h• 1 �yc T ` The Board of County Commissioners approved Sole Source = ;t a1 Standardization of the Lifepak 11 on November 7, 1995 Agenda item # 19A and 19B. Physio-Control is the sole source manufacturer and supplier of the r; Lifepak 11. Plea,e let me know if you need any fiuther information at this time. , Sincerely, A�.�.t,!/L, i ° 1" r y{ 1: Deborah O'Neill ' „ ,1 Physio Control "ny L r 4 Q 4i a. t F t ( i 5 r r v:! y El t r 1 7t5�.{�Q bF�� + � h + � J Y S ���•' { �ihA i f�r� v F�yh a�� � yY7Ati 4 i n l • MEMORANDUM DATE: April 16, 1996 TO: Mike Smith, City Manager FROM: Marie Jabalee, Finance Director/ City Clerk s RE: Purchasing authority 4 Please place the attached proposed ordinance on the ' next commission agenda for consideration and possible } ;• `i- adoption. s_ Florida Statute, Chapter 180 . 24 has been amended to allow contracts for the construction, extension and/or : s. public works utilities l improvement of es without P r � u ' k for bids from a maximum of $2, 000 to $25, 000 . The City Y Charter requires advertisement for bids for public works G� utilities projects in excess of $1, 000 . Since the statute 11( � ` be amemded to eliminate the bidding requirement on public has been amended, we are recommending that the Charter also 1 ,'• t works utilites in excess of $1, 000 . NR r yt} n ➢,� rt�r1�`yYiM+��l} ti , , 1 1 ar•�'�x ' �"• 1 r yyyfffvvv Y h ' to �l ) � f i t . i y 1 1 t � ,rti 1 sf y �JF� t - i n ♦ �I 1 l,M1�1 f h d 5 W �yYJrYy., F') 'kc S.n pt Ytll�i fli �y, ♦ n�, `,Mkt v r+ tiwm k 7i€?av}�� yrrw �➢y r Y} :+� A r• t , Nrf r v i v � Page 2 It should be noted that the development order adopted on September 13, 1983 was last amended by ordinance no. 47-91 adopted December 17, 1991. In that ordinance a section was adopted indicating that the phasing schedule adopted in 1991 was to be utilized in determining whether any future change in the phasing schedule constitutes a substantial deviation pursuant to Section 380.06(19), Florida Statutes. A proposed change to a development order is done by local government but is also reviewed by the regional planning agency or the state land planning agency prior to the public hearing at which the proposed change is to be considered. The local government is advised in writing prior to the public hearing whether there is any objection to the proposed { y change. No objection letters were filed by both DCA and the South Florida Regional Planning Council It is recommended the proposed change to the DCOTA DRI Development Order be ;{ approved. The proposed ordinance adopting the revised phasing schedule finds that i the proposed modification meets the criteria enumerated in Section 380.06(19), Florida Statutes (1995) and does not constitute a substantial deviation. There are no additional regional impacts created by the time extension. The alternative of not extending the time period only results in the remainder of this project, which has proven to be of 1 substantial benefit to Dania, not being built. Attachments Iu 1. WA;lc " '1., 1 it 1 z tfy �• `�J+t, l 1 1 1 ro 5I 1 a 1 r iy 1 1 t C Yf (w.4 Inf�141"tR.Ir a t(Pr: (-• a a2 cf 1 P J� ltro iF'M"�k r��hv�`' t r µ \y(at"��4yfr`Tllt 1� L�' ii 1 j rF, + rr y 1� t2r f" � t •' � _1:,... 11 ID'" e Y - nl r i S U N — S E N T I N E L PUBLISHED DAILY NOTICE O FORT LAUDERDALE, BROWARD COUNTY.- FLORIDA PUBLIC HEARING 80CA BATON. PALM BEACH COUNTY. FLORIDA BEFORE THE CITY CITY MIAMIP DADE COUNTY.- FLCRIDA COF DANIA, FL MMISSION OFTORIDA, REGARDING ADOPTION OF THE FOLLOWING STATE OF FLORIDA PROPOSED ORDINANCE COUNTY OF BROWARD/PALM BEACH/DADE NOTICE IS HEREBY GIV- EN that ClyI Commission G of [hoc of Dante.Florida on BEFORE THE UNDERSIGNED AUTHORITY PERSONALLY APPEARED o°ae 2.19heree.-crania matter may be heard, will conduct a public hearing In • • • ... .. WHO ON OATH SAYS THAT theCltyCommisslonMeet- Cr` HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE n9RtowetDniabeag hall, oo west Dania Beech CLASSIFIED DEPARTMENT OF THE SUN—SENTINEL, DAILY to coo consid,s Dania,der the pro oorleposed td NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/ DADE CCUNTY• dinence enaa. nce oflhelouowingor- `! entitled: ' '. FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT. BEING A AN ORDINANCE OF THE CITY OF DANIA, NOTICE FLORIDA. AMENDING THE DEVELOPMENT ORDER j. FOR THE DESIGN THE A CENTER MER CAS OF DE- �. ; VELOPMENT OF REGION- IN THE MATTER OF AL IMPACT ADOPTED'SY CITY OF DANIA ORDI- AMENDED BY CITY OF ! _ DANIA ORDINANCE NO. AMERICAS DEVELOPMENT 04-84,CITY OF DANIA OR- DINANCE NO. 22.84. CITY OF DANIA IN THE CIRCUIT COURT. WAS PUBLISHED IN SAID NEWSPAPER IN ORDINANCE NO.ORDINANCE- , 1 NO.05.87. CITY OF DANIA THE ISSUES OF CITY OF DANIA ORDI. j C / 04/08.- 1 X MODIFY CERTAIN CONDIO- 44340iTIONS RELATING TO THE i. DEVELOPMENT OF THE AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A DESIGN CENTER OF THE i AM ERICAS DEVELOP- # NEWSPAPER PUBLISHED IN SAID BROWARD/PALM BEACH/DADE MENT OF REGIONAL IM- ; PACT AND TO MODIFY y COUNTY.- FLORIDA.- AND THAT THE SAID NEWSPAPER HAS HERETOFCRE THE PHASING SCHEDULE Si ENTER F THE DESCRIBEO IN THE DE- BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BEACH/DADE AM RICAS APPLICATION COUNTY.- FLORIDAi EACH DAY. AND HAS BEEN ENTERED AS SECOND PROVAL;ELOpROVIDINd CLASS MATTER AT THE POST OFFICE IN FCRT LAUDERDALE, IN SAID rONDITAAE IONSTOFTHEDEO - BROWARD COUNTY.- FLORID4P FOR A PERIOD OF ONE YEAR NEXT VELOPMENT ORDER PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF SHALL REMAIN IN FULL HALE AND EFFECT.FULL - ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE/.,HE HAS rHIS R AMENDED BY \ C 'HIS ORDINANCE; DPRO. BY NEITHER PAID NOR PROMISED ANY PERSONP FIRM OR CORPORATION TY;PR FOR THATBIL- VID PROVIDINGG VEER ALL ANY DISCOUNT.- REBATES COMMISSION OR REFUND FCR THE PURPOSE ODROINANCES OR PARTS F ORDINANCES AND ALL OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID OFRESOLIUTIONOR PARTS SINCON- i t NEWSPAPER. FLICT HEREWITH BE FIE- / PEALED TO THE EXTENT J n OF SUCH CONFLICT' AND /,( � /.� PROVIDING FOR AN EF- ' 1p ��7 FECTIVE DATE. , , • A copy of this proposed •..... .•• ..•-a s-FYI• ... ... .... ..• .•. ..... ordinance is on file Fr the (SIGNATURE OF AFFIANT) o Nell, 100 West Dffice of the Of elve Beec haerk,cuy Blvd., Dania, Florida, may be SWORN TO AND SUBSCRIBED BEFORE ME during enormalcted by t workinhe g B during normal working THIS 08 DAY OF APRIL nouns. Intrea parties may A.D. 996 meetinag ett the the aforesaid t meeting and be heard with respect to the proposed. Any person who decides • .. .!. .. ....... to appeal anyy decision •• •• •• •• ••••... made or the Clty Commis. (SIGNATURE OF NOTARY PUBLIC sion win respect to any matter considered at this hearing will need a record or a'' •r`� RAR9ARA6TI MAND the proceedings and for A. (f�{ •11AY MMSWN If CC 2M17 pfPM such purpose may need to t t (%•�'�7•'+'.f JWy 21,1iPo ensure that a verbatim re- " cord of the proceedings Is i R; e016E0 TIsel TA01'iANlglelyYf.IIL: made. which record in. ••• •• •••• •••• ••• •• '+•• ••a. .. .. .... .. ... .. cludes the testimony and (NAME OF NOTARY TYPED, PRINTED 0 STAMPED) appeal Is to Ce basted. the erle Jsbelem,City Clerk April 8, 12aa ... PERSONALLY KNOWN OR � a PRODUCED IDENTIFICATION .. c r C t <'T 1 t t 1I1 M{ t \ N7 Y a - 1 _ CITY OF DANIA INTEROFFICE MEMORANDUM GROWTH MANAGEMENT DIRECTOR TO: Michael Smith City Manager FROM: Will Allen Growth Management Director w RE: RESOLUTION AUTHORIZING THE SECOND ADDENDUM TO WATER AND SEWER AGREEMENT BETWEEN THE CITY OF DANIA AND A DESIGN CENTER OF THE AMERICAS E< Date: April 17, 1996 Please schedule the consideration and adoption of a resolution which authorizes the f execution of the second addendum to a water and sewer agreement between the City of Dania and DCOTA for the April 23, 1996 City Commission meeting. This item is E I related to the proposed time extension for the completion of the DCOTA DRI. 1 In 1983 agreements were adopted which reserve sufficient water and sewer capacity to serve DCOTA. Copies of the agreements are attached. In 1988 this agreement was T t amended to extend the time period for reserving the water and sewer capacity until 1997. The request is to reserve the water and sewer capacity until 2004 which ' corresponds to the time extension requested. The developer is still responsible for paying remaining impact fees for the development at time of building permit. A deposit j of$52,838.50 was paid in 1989 reserving the units totaling 143 ERC's. r { �'� '�d4•S Ft i r WA;lc r,f e� fi yiew�`r 1 , = 1 I f / i, n, r , s P t Y t �- +�u�'�k,Cwwrt` T f1Y S ;�Z t (( N$! � •a ,t �: , i i I I ORDINANCE NO. 95-065 AN ORDINANCE OF THE CITY COMMISSION OF THE (fit CITY OF CORAL SPRINGS, FLORIDA DELETING IN ITS ENTIRETY, SECTION 16-14 OF THE CODE OF ORDINANCES OF THE CITY OF CORAL SPRINGS.. FLORIDA ENTITLED NEWSRACR REGULATIONS; CREATING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF CORAL SPRINGS, FLORIDA ENTITLED NEWSRACRS; PROVIDING FOR SEVERASILITY; PROVIDING FOR INCLUSION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, substantial growth in numbers of newspaper operators and Newsracks in the City has produced a significant increase in f the number of Newsracks installed in public rights-of-way; and WHEREAS, the uncontrolled placement of Newsracks in public f 3 rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, - :- and persons performing essential utility, traffic control and t I ` emergency services; and WHEREAS, the installation and placement of Newsracks in public rights-of-way has resulted in concerns by the public and City Y , ' officials with regard to the safety, convenience and aesthetics ?' thereof; and * ° WHEREAS, the City Commission finds that there is a need to ! regulate and establish procedures regarding installation, t placement, maintenance and insuring of Newsracks within the City; and r, Page 1 of 13 {: 0.95-065 ti f ( T VV e✓+ �Will t r,Pkt i ti, . r k ; ' (77) Reduce unnecessary exposure of the public to personal in-iury or property damage (88)_ Treat all newspapers equally regardless of their size content, circulation, or freguency of publication u9 Maintain and preserve freedom of the press 10 Cooperate to the maximum with newspaper distributors 7 Sec. 15-2. Definitions. f r For the purpose of this section the words below shall have ~� the following meanings: ) Newsracks shall mean any type of unmanned device for the vending or free distribution of newspapers or news f ;) Periodicals. ; (2 Equivalent newsrack means any newsrack which is of the same size. _dimensions and style of the specified 1 , newsrack. s (3) If demand warrants or warranted demand means that the measured newspaper stack height needed to meet the newspaper publisher's or distributor's peak annual distribution at the requested newsrack location, as ,t ' proven by the newspaper publisher or distributor, exceeds {p( fourteen (14) inches. (4) Pathway shall mean any surface provided for the use of pedestrians and bicycle riders a� (5) Parkway shall mean any area within a right-of-way which is not a pathway or roadway. (6) Public property shall mean parks squares and any and all ` #' other real Property owned by the city. "v r " (7) Recovery area shall mean that space as determined by Department of Transportation specifications which is i measured from the edge__oft_ he roadway out and which is required to be clear of fixed obiects. (8)_ Right-of-way shall mean all that area which is dedicated to use by the public for pedestrian and vehicular travel and includes, but is not limited to roadways parkways and pathways. i „ \ Page 3 of 13 r�1 � f 0.95-065 ♦ r yyyy� 4 i..s YYtr'{�,y y 9 ��f� .( t n[ ' .,_r .. ..w ....mot _____. ...._. N• l ff e! l . a; i .a. _ fifteen (15) inches from the ton of the cabinet with duplicate lettering on the front, sides and back of the cabinet such lettering not exceeding one and three- guarters (19:) inches in height. The above fifteen (15) inch dimension may be adjusted on the door by the manufacturer to accommodate modifications for vertically- formatted, "tabloid-type" newsracks. 141 Newsracks for free newspapers may omit the coin box and may have the pull bar welded to the door to produce an "Honor Rack. " �5 Newsracks shall be maintained in good working order at all times, freshly painted and with unbroken hoods. * a u The name, address, and telephone number of a responsible i' 1 f person who may be contacted at any time concerning the i � i newsrack shall be displayed on the hood of the newsrack in such a manner as to be readily visible and readable to a prospective customer thereof. ` I " (7) Mounts shall be bolted in place through four (4) standard holes in the base in accordance with the following standards: i a. Foundation four (4) inch minimum thick concrete 2500 psi (28 day strength) Class I b. Two (2) inch minimum concrete edge distance for i �t bolts. P' c. One-half 00 inch chamfer all concrete edges f d Three-eights (1/8) inch diameter hot-dipped w galvanized hex bolt mounts, three (3) inch minimum � imbedment, threads down, through four (4) corners ya of the pedestal base. ) Newsrack cabinet tops shall be installed and checked for :. level: awater-soluble, paintable ten (10) year caulk of � ' ; gloss brown color, matching the base plate shall be applied and wiped to seal around the base plate and the mounting surface. ,Y .. f ) Newsracks may be placed directly next to one another; however, no more than three (3) newsracks may be placed together, and a space of no less than eighteen (18) inches shall separate each aroupina of three (3) f� newsracks. , Page 5 of 13 1 r� � . 0.95-065 lf� ' x i 1 p 1 VV 1 , r c. 10 Each newsrack shall be constructed, installed and maintained in a safe and secure condition, and shall be sufficiently weighted to avoid being vandalized or becoming a hazard in severe weather. 11 The location and installation of all newsracks in the city shall comply with all local and state regulations including handicapped accessibility regulations. Sec. 15-6. Specific prohibitions. (1) No newsrack shall be placed or located on a roadway. ) No newsrack shall be permitted to rest upon in or over any pathway, except when there is no available parkway area in the immediate vicinity of the proposed location ( ' However, under no circumstances shall a newsrack be allowed at any location whereby the clears ace for the passageway of pedestrians or bicycle riders is reduced to xr less than six (6) feet. F ' f . ' ) No newsrack shall be placed at any site or location when j the installing, use or maintenance: tpr a. Endangers the safety of persons or Property; or dY b. Unreasonably interferes with or impedes the flow of I pedestrians or vehicular traffic including any legally parked stopped vehicle; or jric . 1 a v P or PP c. Unreasonably interferes with the ingress or egress from any residence or place of business; or ' _ d. Unreasonably interferes with the use of traffic " signs or signals, hydrants or mailboxes permitted ti ^ 4` at or near said location. r r ) Newsracks shall carry no card holders or advertising except the name of the newspaper being dispensed on the 4't bottom of the door of the TK-80 PM, or the middle four Fl (4) inches of the bottom front panel of the TK-80 ( (5) No newsrack shall be bolted or otherwise attached to any property or to any permanently fixed obiect not owned by ( ,~ the distributor of the newsrack unless the prior consent of the owner of such property or obiect is obtained in writing. i ) No newsrack shall be placed, installed used or maintained: ar Page 6 of 13 0. 95-065 r ey , f 4 ( F ��• q A" r t 4 i a. Within five (5) feet of any marked crosswalk b. Within ten (10) feet of any unmarked crosswalk C. Within ten (101 feet of any fire hydrant fire callbox, police callbox or other emergency facility. d. Within five (5) feet of any driveway. e. Within three (3) feet of any display window of any building abutting the sidewalk or swale or in such manner as to impede or interfere with the fNvreasonable use of such window for display purposes or within five (5) feet of a building entrance f. Within twenty (20) feet of any police station I driveway, fire station driveway, ambulance station f driveway, entrance to hospital emergency room or other emergency facility. _q. Within two (2) feet of any bus bench or plaza l bench.�. E h. on or within two (2) feet of signs parking meters street lights or utility poles. { At any location where the newsrack causes creates 3 P or constitutes a traffic hazard. ` Within a visibility triangle. Pt any location which would obscure traffic control signs from the visibility of motorists r Sec. 15-7 . Application and issuance of certificate of compliance i (1) Issuing authority. The issuing authority and coordinator ' shall be the Fire Chief or his/her designee The Fire 's Chief or his/her designee is responsible for fairly t ' coordinating and administering the physical placement of s newsracks of the tvoe and location herein specified and a^ upon compliance herewith is responsible for issuing the certificates of compliance. u AARproving authorities The approving authorities shall be the Fire Chief and the Director of Public Works I Page 7 of 13 0.95-065 .c a� Y I 4' f 1 ti ,. •r f (5) issuance of certificate of compliance Upon a finding by the Public Works Director that the applicant is in compliance with the provisions of this section and having received the required approvals from the Fire Department the Fire Chief shall cause to be issued a certificate of compliance for installation by the newspaper publishing company. such issuance shall be made within five (5) working days of the City's receipt of the completed application. u6 Denial of certificate of compliance. If a certificate of compliance for a some newsrack location(s) applied for is be denied, the applicant shall be notified in writing of y. the reasons for denial. The applicant shall be advised } of the specific cause of such denial by the Fire Chief, a who will suggest alternative locations therefor. The �i - applicant may reapply for substitute alternative �; •, � location(s) at no additional certificate of compliance r :"9 ' fee. i (7)_ Additional newsrack certificate (s) of compliance. If at any time after initial application for an installation { , certificate of compliance a publisher wishes to install additional newsracks, then subsections (3) and (4) above are to be repeated in accordance with the provisions of ! '' this section. Under section 15-8 (insurance) any additional returnable bond deposit required will credit any amount still on account. Additional certificate of r compliance fees shall be in accordance with section 15-9 (fees) except that the fifty dollar ($50 00) Publisher's fee is waived if previously paid. 4 1 i y. Sec. 15-8. Insurance. (1)_ Prior to the issuance of a certificate of compliance by the Fire Chief, the applicant shall furnish to the Fire Chief a certificate of insurance and a one-time only t'`r `_ returnable bond deposit, with returnable bonding amounts !„., for newsrack installations being. Total Proposed Newsracks Total Returnable Bond 1 { t ? 1 to 4 $150. 00 5 to 10 $300. 00 i 11 to 20 $500. 00 21 and up $700. 00 Page 9 of 13 z ' il r 0.95-065 , 34 Aar C 7 ) A J SJY 11 Y 1 ��,j 1 nyt� µ Y f w N. V Reasonable evidence of equivalent self-insurance coverage may be substituted by the applicant for the above certificate of insurance Insurance under this section shall run continuously with the presence of the applicant's newsrack in City rights-of-way, and any termination or lapse of such insurance shall be a violation of this section, subject to appropriate remedy by the Code Enforcement Division under sections 176-188 of the Land Development Code. Sec. 15-9 . Fees. } There shall be a one-time only certificate of compliance fee in the amount of fifty dollars ($50. 00) for each newspaper publisher plus ten dollars (S10. 00) per newsrack Failed inspections are subiect to a reinspection fee of twenty-five dollars ($25. 00) . All of the above fees will be used to defray administrative expenses with relation to this section only, and any revenues over expenses remaining after the implementation of this i section will be returned to the newspaper Publishers in proportion f to their respective contributions. rsec. 15-10. Abandonment. i i (1) If any newsrack installed pursuant to this section does not contain the publication specified therefor within a t ' period of forty-eight (48) hours after release of the AAll current issue, the code enforcement division may deem the ; }' newsrack abandoned and take appropriate action under sections 176-188 of the Land Development Code In � . }; addition, a newsrack shall be deemed abandoned when no publication is in the newsrack for a period of more than { seven (7) consecutive days. i () In the event a newspaper publishing company or its distributor desires to voluntarily abandon a newsrack location, the distributor shall notify the Director of Public Works, completely remove the newsrack and mount and restore the public right-of-way to a safe condition ; i leaving no holes or projections in the mounting surface } sec. 15-11. Emergency removal. u The City Manager, or his designee may summarily remove any newsrack where its installation use or maintenance poses an imminent or immediate danger to the public (22) Following removal of the newsrack by the city, the distributor shall be notified of same by certified mail return receipt requested. If the newsrack is not claimed Page 10 of 13 to 0.95-065 f� , �a t e r 7 �Y� m, r J� U� Y d � Y within ninety (90) days of receipt of certified letter, disposal shall be made pursuant to section 15-13 below. Sec. 15-12 . Appeals. Any applicant who has been denied a certificate of compliance pursuant to the provisions of this section may file an appeal with the City Commission by reguestina in writing to the City Manager appearance before the Commission to review said denial The appeal shall be heard by the Commission within thirty (30) days of the filing of the appeal or at the next regularly scheduled agenda, whichever is sooner. The decision of the Commission on appeal is subiect to iudicial review as provided by the laws of the State of x: Florida. 1 sec. 15-13. Enforcement. t i (1) Within one hundred fifty (150) days of the effective date � . of this Ordinance and at any time thereafter, any newsrack in violation of any provision of this section shall be subiect to remedy and due process under the provisions of sections 176-188 of the Land Development N Code pertaining to the Code Enforcement Board. ) Upon determination by the Director of Public Works that a newsrack has been installed, used or maintained in violation of the provisions of this chapter, an order to correct the offending conditions shall be issued to the it distributor of the newsrack. Such order shall be mailed t 2' by certified mail, return receipt requested to the �.- address reauired by section 15-7 (3) (b) above. The order r+' shall specifically describe the offending condition, suggest action necessary to correct the condition and advise of removal pursuant to subsection (3) below. p 4a a, r° (3)_ Failure to promptly correct the offending condition within ten (10) days after receipt of the order shall result in the offending newsrack being removed by the city. When the distributor of the offending newsrack is not known or identified as reguired by this section a I copy of the order shall be posted on the newsrack and � +s•J , this shall be deemed sufficient notice. ) Any newsrack removed from the public right-of-way shall be stored at the cost of the distributor. The city shall be reimbursed by the distributor for all costs incurred in the removal and storage of all newsracks removed from the public rights-of-way by the city. Within ten (10) days after the removal of any newsrack from the public rights-of-way, the city shall send the distributor of the Page 11 of 13 0. 95-065 i e s1 3 i F Y ;I RR� bft �S f A r i I I newsrack by certified mail return receipt requested notice of removal. The city is hereby authorized to sell the newsrack at a public sale if the newsrack is not claimed by the distributor within a period of ninety (90) days from the date of removal Ten 10) days prior to sale, the city shall advertise notice of the sale in a daily newspaper of general circulation in the city, All unpaid removal and storage costs and advertisement costs shall be paid out of the proceeds of the sale of the newsracks. The remaining balance of the sale proceeds shall become the property of the city and be transferred y to the city's general fund ) The penalty for any violation of sections 15-3 15-4 15- "" 5, 15-6 and 15-7 shall be a fine of not more than fifty a , dollars ($50. 00) . Y - Section 2. Repeal of Conflicting Ordinances. I i � All prior ordinances or resolutions or parts thereof in conflict t t herewith are hereby repealed to the extent of such conflict. Section 3 . Severability. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity E s of the remaining portions of this Ordinance. w ,F Section 4. Inclusion in Code. It is the intention of the City Commission of the City of Coral ` Springs that the provisions of this Ordinance shall become and be made apart of the City of Coral Springs Code of Ordinances; and s s ( that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section, " "article, " or such other appropriate word or phrase in order to accomplish such intentions. Section 5. Effective Date. Page 12 of 13 0.95-065 r �F i r iP tt F cr { 1 a 4 [ 1 S i - r This Ordinance shall become effective thirty (30) days after adoption by the City Commission. PASSED FIRST READING the ��h day of _'mac c Pm 6�K , 1995. PUBLISHED the day of �e'«'.&)A-it , 1995. PASSED SECOND READING the day of , 1995. to CITY OF CORAL SPRINGS, FLORIDA r JOHN SOMMERER, Mayor ATTEST: 1 •0 JONDA K. JOSEPH, City Clerk r / Unanimous , Motion/2nd Yes No }; Mayor Sommerer Vice Mayor Polin gs Commissioner Berk — Commissioner Stradling — — — — � "` Commissioner Calhoun a : " d ' Doc. 3118O ,.:; i d s„ S It � 1 i a!�•Y,� 1 C t 1 Page 13 of 13 7n 0.95-065 t t "`♦AVisa ''•yY It i' 1r '1 Y 11�°t�r �i�S'ytCe` sal '• t'et'�x r9''.,, 1r r+ se✓ 1 ARTICLE 18-1: NIMLO MODEL NEWSRACK ORDINANCE Section (3) It is a matter of public necessity that the City of protect children 18-101 Intent and Purpose and unconsenting adults in and on its public streets, 18-102 Definitions sidewalks, transportation facilities and other public 18-103 Newsracks Prohibited rights-of-way from viewing public displays of (,! 18-104 Permit Required offensive sexual material. Such displays are thrust 18-105 Application for Permit indiscriminately upon unwilling audiences of adults 18-106 Conditions for Permit and children and constitute assaults upon individual fi ! 18-107 Hold Harmless privacy. 18-108 Newsrack Identification Required 18-109 Location, Placement and Number of (4) These factors constitute an unreasonable i Newsracks interference with and obstruction of the use of public 18-110 Standards for Maintenance and rights-of-way, constitute an unwarranted invasion of ` Installation individual privacy, are injurious to health, offensive F' 18-111 Display of Certain Matter Prohibited to the senses, and constitute such an obstruction of t` 18-112 Violations the free use of property as to interfere in the i 18-113 Appeals comfortable enjoyment of life and property by the l 18-114 Abandonment entire community. 18-115 Severability f (5) The Council recognizes, however, that the use of such rights-of-way is so historically r SECTION 18-101. Intent and Purpose. associated with the sale and distribution of ^r newspapers and publications that access to those areas The City Council of the City of for such purposes should not be absolutely denied. finds and declares that: The Council further finds that these strong and competing interests require a reasonable 4 (a) Findings. accommodation which can only be satisfactorily jachieved through the means of this Ordinance which ` (1) The uncontrolled placement and is designed to accommodate such interests regulating maintenance of newsracks in public rights-of-way the time, place and manner of using such newsracks. • '` presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way; (b) Purpose. The provisions and prohibitions including pedestrians, persons entering and leaving hereinafter contained and enacted are in pursuance of vehicles and buildings, and persons performing and for the purpose of securing and promoting the essential utility, traffic control and emergency public health, morals, and general welfare of persons ;`• services. in the City of in their use of public rights-of-way through the regulation of (2) Newsracks so located as to cause an placement, appearance, number, size, and servicing r inconvenience or danger to persons using public of newsracks on the public rights-of-way so as to: rights-of-way, and unsightly newsracks located x therein, constitute public nuisances. (1) Provide for pedestrian and driving .< safety and convenience; a 15 't i iH ,1 r ps{ i tv h k 1 `k4G ' iefl I��t Newsracks or sidewalk shall not be displayed or exhibited in a be assessed against each newsrack summarily manner which exposes to public view from the street removed. The Public Works Director shall cause or sidewalk any of the following: inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this (a) Any publication or material which exposes Section. The distributor of said newsrack shall be to public view any pictorial material that is obscene; charged a dollar inspection fee for each newsrack so inspected. This charge shall be in N Any statements or words describing explicit addition to all other fees and charges required under sexual acts, sexual organs, or excrement where such this Ordinance. statements or words have as their purpose or effect sexual arousal, gratification, or affront; (c) Any picture or illustration of a person's SECTION 18-113. Appeals. genitals, pubic hair, perineum, anus, or anal region Any person or entity aggrieved by a finding, where such picture or illustration has as its purpose determination, notice, order or action taken under the or effect sexual arousal, gratification, or affront; or provisions of this Ordinance may appeal and shall be appraised of his right to appeal to the City's Appeals If (d) Any picture or illustration depicting explicit Board. An appeal must be perfected within three (3) sexual acts as defined in this Ordinance where such days after receipt of notice of any protested decision picture or illustration has as its purpose or effect or action by filing with the Office of the {I sexual arousal, gratification, or affront. a letter of appeal briefly i. [ stating therein the basis for such appeal. A hearing ' shall be held on a date not more than ten (10) days f SECTION 18.112. Violations. after receipt of the letter of appeal. The appellant ' shall be given at least five (5) days notice of the time Upon determination by the Public Works and place of the hearing. The Appeals Board shall Director that a newsrack has been installed, used or give the appellant, and any other interested party, a maintained in violation of the provisions of this reasonable opportunity to be heard, in order to show Ordinance, an order to correct the offending cause why the determination of the Public Works condition shall be issued to the distributor of the Director should not be upheld. At the conclusion of r newsrack. Such order shall be telephoned to the the hearing, the Appeals Board shall make a final and distributor and confirmed by mailing a copy of the conclusive decision. This decision shall be i '. order by certified mail return receipt requested. The immediately appealable to a court of competent order shall specifically describe the offending jurisdiction. condition, suggest actions necessary to correct the condition, and inform the newsrack distributor of the right to appeal. Failure to properly correct the SECTION 18-114. Abandonment. offending condition within five (5) days (excluding Saturdays, Sundays, and legal holidays) after the In the event that a newsrack remains empty for mailing date of the order or to appeal the order a period of thirty(30) continuous days, the same shall within three (3) days after its receipt shall result in be deemed abandoned, and may be treated in the the offending newsrack being summarily removed manner as provided in Section 18-112 for newsracks and processed as unclaimed property. If the offending in violation of the provisions of this Ordinance. newsrack is not properly identified as to owner under the provisions of Section 18-108 hereof, it shall be removed immediately and processed as unclaimed p property. An impound fee, which shall be measured by the City's cost and expense of impounding, shall tt 18-1.7 r` , c l , t l , }�� �.�: I liter}}i'i... 1-�.. . •. t • Newsracks where such information may be easily seen. Prior to (v) Within three (3) feet ahead or the designation of location by the Public Works twenty-five (25) feet to the rear of any sign marking Director under Section 18-109 herein, the registrant a designated bus stop. shall present evidence of compliance with this Section. (vi) Within five (5) feet of the outer end of any bus bench. SECTION 18-109. Location, Placement, and (vii) At any location whereby the clear C Number of Newsracks. space for the passageway of pedestrians is reduced to less than six (6) feet. (a) Any newsrack which rests in whole or in part upon, or on any portion of a public right-of-way (viii)Within three(3) feet of or on any f or which projects onto, into, or over any par[ of a public area improved with lawn, flowers, shrubs, E public right-of-way shall be located in accordance trees or other landscaping, or within three (3) feet of t " with the following provisions of this Section: any display window of any building abutting the sidewalk or parkway or in such a manner as to I (1) No newsrack shall be used or impede or interfere with the reasonable use of such 1 (; maintained which projects onto, into, or over any window for display purposes. part of the roadway of any public street, or which l rests, wholly or in part upon, along, or over any (ix) Within one hundred (100) feet of portion of the roadway of any public street. any other newsrack on the same side of the street in ' the same block containing the same issue or edition of { - (2) No newsrack shall be chained, bolted, the same publication. 1 I .:' or otherwise attached to any fixture located in the r, public right-of-way, except to other newsracks. (x) On any access ramp for disabled persons. (3) Newsracks may be placed next to each other, provided that no group of newsracks shall (5) No more than eight(8)newsracks shall extend for a distance of more than eight (8) feet be located on any public right-of-way within a space along a curb, and a space of not less than three (3) of two hundred (200) feet in any direction within the feet shall separate each group of newsracks. same block of the same street; provided, however, that no more than sixteen (16) newsracks shall be (4) No newsrack shall be placed, installed, allowed on any one block. In determining which used or maintained: newsracks shall be permitted to be located or to "i remain if already in place, the Public Works Director (i) Within five(5)feet of any marked shall be guided solely by the following criteria: crosswalk. (i) First priority shall be given to (ii) Within fifteen(15)feet of the curb newsracks used for the sale of publications which return of any unmarked crosswalk. have been adjudicated to be newspapers of general circulation for [county or city] `. (iii) Within five (5) feet of any fire pursuant to the procedure set forth in the hydrant, fire call box, police call box or other [state] Government Code. emergency facility. (ii) Second priority shall be given to (iv) Within five (5) feet of any newsracks used for the sale of daily publications driveway. (those published on five (5) or more days in a � y,r01 Y Apr- 1, 4 tl 1 ) V.• r, r 9�R ' 1 tlh ' N i r Lj j i NIMLO Model Ordinance Service VI. Prohibition From Residential Neighborhoods Chelsea Theater Corp. v. Burlington, 258 N.W.2d 372 (Iowa 1977) (state statute preempted city A municipality must be able to show that an obscenity ordinance); Whitney v. Municipal Court, 58 ordinance banning newsracks from residential areas Cal. 2d 907 (Cal. 1962) (state preempted regulation is narrowly taile'red to serve a significant government of the dissemination of adult obscenity). (The interest and that alternative channels of NIMLO Model prohibits the display of obscene gr communication are available.Plain Dealer Publishing materials from newsracks. The ordinance uses the test Co., 794 F.2d at 1147. A municipality seeking to for obscenity set forth in Miller.) ban newsracks from residential neighborhoods can allege safety and aesthetic interests in support of its VIH- Commercial Material ' ban. Id. A municipality should, however, be j prepared to present evidence showing that the ban is A municipality's selective and categorical ban on narrowly tailored to serve such interests. See City of the distribution, via newsracks, of "commercial 6 Wheaton, 697 F. Supp. at 1469-70 (city failed to handbills" violates the First Amendment. City of show that ban was least restrictive way to serve Cincinnati v. Discovery Network, Inc., 113 S. Ct. ii significant interests of safety and aesthetics). 1505, 1517 (1993) (application of ordinance to ban . newsracks containing commercial handbills while As to the need for adequate alternative channels allowing newsracks containing newspapers not of communication, the courts are divided as to reasonable time, place, or manner restriction because t whether the availability of publications through other the ordinance regulated based on content). (The private outlets can satisfy this requirement. Gannett NIMLO Model makes no distinction between the { • " # Satellite Information Network v. Pennsauken distribution of commercial and non-commercial ' Township, 709 F. Supp. 530, 536 n. 3 (D.N.J. publications by newsracks.) + 1989). In Plain Dealer, the United States Court of r; r Appeals for the Sixth Circuit upheld a residential ban on newsracks relying, in pan, on the availability of newspapers from "eleven'all-night'businesses within the City and two 'all-night' businesses adjacent to the City which sell newspapers 24 hours a day, seven days a week." 794 F.2d at 1147. In City of I r' Wheaton, however, a total ban on newsracks in P residential neighborhoods was found to be t ' + ' ' unconstitutional despite the availability of newspapers through home delivery, non-residential newsracks, f and commercial businesses. 697 F. Supp. at 1470. The court specifically found "the availability of private sellers to be irrelevant" as to the issue of . ; alternative channels of communication. Id. (The NIMLO Model does not ban newsracks from ' residential areas.) VII. Display of Obscene Material Obscene material is not protected by the Constitution. Miller v. California, 413 U.S. 15 (1972). A municipality should review its state's laws f to determine whether its power to regulate the display of obscene material has been preempted. See, e.g., r `F, a 18-1.10 c • 4 lth�4. :i NEWSRACK ORDINANCE: EDITOR'S COM 4FMARY I. Introduction and Acknowledgements 1067, 1071 (Sth Cir. 1988). To avoid potential s challenges to a licensing fee, municipalities should This Ordinance revises and supersedes the prior prepare a report establishing the cost of processing. y Model Ordinance on Newsracks that appears as Meck & Pearlman, Controlling Newsracks: Sections 10-I201 through 10-1214 in the 1981 Commentary on City of Lakewood v. Plain Dealer, version of NIMLO Model Ordinance Service. Land Use L., Feb. 1989, at 7; See Chicago � Portions of this Mode! Ordinance are based on the Newspaper Publishers v. City of Wheaton, 697 F. NIMLO Model Newsrack Ordinance prepared by Supp. 1464 (N.D. Ill. 1988). (The NIMLO Mode! Rachel Sobin Ullman,former NIMLO Staff Attorney, does not allow for any unguided discretion. Permits and code provisions adopted by Burbank, California must be issued within 24 hours of the receipt of an I� and San Diego, California. application. The standards for maintenance and f II. Power to R installation are objective.) Municipal Regulate Newsracks " IV. Indemnification The right to distribute newspapers in newsracks is protected by the First Amendment. City of Municipalities should only require Lakewood v. Plain Dealer Publishing Co., 486 U.S. indemnification from newsrack distributors if other 750 (1988). Municipalities may, however, subject permittees, such as bus and telephone companies, are newsracks located on public streets and sidewalks to also required to q provide indemnification. See t; reasonable time, place and manner restrictions.Plain Jacobsen v. Harris, 869 F.2d 1172, 1174 (8th Cir. f #^ Dealer Publishing Co. v. City of Lakewood, 794 F. 1989) (requirement that newsrack applicants obtain 2d 1139, 1143 (6th Cir. 1986), aff'd, 486 U.S. 750 hold harmless insurance policy upheld where all those (1988). These restrictions must be "content neutral, using municipal property required to insure .. narrowly tailored to serve a significant municipality against claims); Plain Dealer Publishing i government interest,and leave open ample alternative Co. v. City of Lakewood, 794 F.2d at 1147 channels of communication." Id. (citing Perry (requirement that newsrack applicants indemnify city Education Assn v. Perry Local Educators' Assn, unconstitutional where city did not require other 460 U.S. 37, 45 (1983)), permittees to provide insurance), s ' :`e r M. Permits V. Newsrack Removal I Municipalities may require newsrack applicants Newsracks installed or maintained in violation of to obtain permits. City of Lakewood, 486 U.S. at ordinance provisions may be removed by the 760. Ordinance provisions may not, however, give a municipality if the due process rights of the newsrack municipal representative unbridled discretion to deny distributor are protected. See Jacobsen v. Harris, 869 permits nor can they allow permits to be conditioned F.2d at 1174. A newsrack distributor should be given on terms that the representative deems "reasonable written notice of the violation and be informed that and necessary." Id. at 772. See Shuttlesworth v. the newsrack will be removed unless the violation is Birmingham, 394 U.S. 147, 150-51 (1969)(licensing cured or successfully contested. Id. See also Kash authority must be guided by "narrow, objective, and Enterprises, Inc. v. City of Los Angeles. 19 Cai. 3d definite standards"). 294, 313 (Cal. 1977). (The NIMLO Model provides for written notice, an opportunity to cure the Licensing fees are permissible if they cover only violation, and an opportunity for a hearing.) administrative costs. Cox v. New Hampshire, 312 U.S. 569 (1941); Jacobsen v. Crivaro, 851 F.2d r r k �rCL'f.'.5� •.nl�y�,a. ..ice. ,_� 1. NIMLO Model Ordinance Service SECTION 18-115. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. --- 4 �rf � NI�Y �i 1. hr F 9 , �1i5 cue 1� li• 4,t t('� �1r ieVe.� y: ♦ 4 p J IAi u i � i y e Ir ?v rv'���r eW9i'St y�yU 18-1.8 �r tlq' ,n�,S55 it 1zs}"� N yT. Wit t { 1 Y `J NIMLO Model Ordinance Service (2) when such site or location is used for the Public Works Director disapproves of a particular public utility purposes, public transportation location, such disapproval shall be without prejudice purposes, or other governmental use; to the registrant designating a different location or locations. (3) when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including parked or stopped SECTION 18-106. Conditions for Permit. r vehicles; the ingress in or egress from any residence or place of business; the use of poles, posts, traffic (a) Permits shall be issued for the installation of � signs or signals,hydrants,mailboxes, or other objects a newsrack or newsracks without prior inspection of permitted at or near said location; the location but such newsrack or newsracks and the (: installation use or maintenance {a thereof shall be (4) when such newsrack interferes with the conditioned upon observance of the provisions of this { cleaning of any sidewalk by the use of mechanical Ordinance. Permits shall be issued within twenty-four sidewalk cleaning machinery; or (24) hours (excluding Saturday, Sunday and legal holidays) after the application has been filed. A { (5) in any other manner inconsistent with permit fee of dollars shall be required. {` or in violation of the provisions of this Ordinance. (b) Such permits shall be valid for three (3) years and shall be renewable pursuant to the +. SECTION 18-104. Permit Required. procedure for original applications referred to in i. { Section 18-105 and upon payment of the It shall be unlawful for any person, firm or dollar permit fee. ,f corporation to erect, place, maintain or operate, on t +, any public street or sidewalk, or in any other public p way or place, in the City of SECTION 18-107. Hold Harmless. any newsrack without first having obtained a permit ;t from the Public Works Director specifying the exact Every owner of a newsrack who places or location of such newsrack. One permit may be issued maintains a newsrack on a public sidewalk or to include any number of newsracks, and shall be parkway in the City of shall file a signed by the applicant. written statement with the Public Works Director in a form satisfactory to the City Attorney, whereby +4s' such owner agrees to indemnify and hold harmless the SECTION 18-105. Application for Permit. City, its officers, and employees, from any loss, liability,or damage, including expenses and costs,for (a) Application for such permit shall be made, bodily or personal injury, and for property damage in writing, to the Public Works Director upon such sustained by any person as a result of the installation, form as shall be provided by him, and shall contain use and/or maintenance of a newsrack within the City the name and address of the applicant, the proposed of specific location of said newsrack, and shall be signed by the applicant. SECTION 18-108. Newsrack Identification (b) From the above application information the Required. Public Works Director shall approve the locations. r' He shall be guided therein solely by the standards and Every person who places or maintains a periteria set forth in this Ordinance. In any case where newsrack on the streets of the City of shall have his permit number, name, address, and telephone number affixed to the newsrack in a place t 4t t F , Y-1 r J e 1* *' I y W r r l � MEMORANDUM TO: MAYOR AND COMMISSIONERS 1 FROM: MARIE JABALEE, FINANCE DIRECTOR/CITY CLERK i GGG { SUBJECT: BOARD APPOINTMENTS 7; DATE: April 15, 1996 k�, Attached for Your information is a list of board appointments that need to be made. l ny 3 y �M Y ;4h � ( � z � a , r (q� G t1M r' ♦ 4r i �� ry `�, i f r r� a ar r t3? , ay r t YJe G., G'�'r✓ EY1 'r°,a k� '.�✓xf >, 1 ! r: Y `f''y jai�,S' s it A p 4' y 21 gz �41$S'3 R'L .' f ✓ _ _ f �> i Ytf 5 r�yi ,kn �✓f'` x 'o '' ,? ,x y { f a k x h <• .. .. j oo 1 APPOINTMENTS NEEDED AIRPORT ADVISORY BOARD 2 year terms 2 aippointments needed 0 Mayor Bertino: 1 appointment (vacant) Vice-Mayor Grace: 1 appointment (Evan Leatherman term expired 3/96) CIVIL SERVICE BOARD 4 year terms 2 Dointments needed y Kurt Ely, term to expire 3/96 i Commission appointee e, Sue Ann Truesdale, term to expire 3/96 3 Commission nominees needed to be � a submited to employees for election CODE ENFORCEMENT BOARD 2 members and 2 alternates needed Richard Bettor(R/E person) term expired 11/23/95 Beular Lair (Lieu of contractor) term expired 11/23/95 David Nuby (alternate) term expired 9/8/95 Rusty Sloan (alternate) term expired 9/8/95 ` COMMUNITY AFFAIRS ADVISORY BOARD 2 ear terms r ej 10 members) 3 appo_ in�ts } �1 Mayor Bertino: a Vice-Mayor Grace: 1 appointment < y 2 appointments y' xti , DANIA ECONOMIC DEVELOPMENT BOARD AND DOWNT WN REDEVELOPMENT r, 1 appointment needed I Comm. 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